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2017 DIGILAW 290 (UTT)

UDULI DEVI v. STATE OF UTTARAKHAND

2017-05-17

SUDHANSHU DHULIA

body2017
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Naresh Pant, learned counsel for the applicant, Mr. Raman Kumar Sah, Deputy Advocate General assisted by Ms. Mamta Joshi, Brief Holder for the State and perused the records. 2. The applicant is in jail being implicated in Case Crime No. 2 of 2017, under Sections 304B/498A of I.P.C. and 3/4 Dowry Prohibition Act, Challani Patwari Area Govindpur, District Almora. 3. Learned counsel for the applicant submits that the deceased is the daughter-in-law of the applicant, who died due to burn injuries on 16.12.2016. The incident though happened prior to a day i.e. 15.12.2016. In the inquest report, which is on record, the father of the deceased stated that his daughter informed him that she was cooking food for his family in a stove prior to the incident. Moreover, at the relevant time she has not stated any incident of cruelty against her in-laws. The applicant is more than 60 years of age and she is in jail since 25.03.2017. 4. In spite of opportunity, no counter affidavit has been filed by the State. 5. Without going into the merit of the case, considering the facts and circumstances of the case as well as age of the applicant, who is a woman, the applicant has been able to make out a case of bail. Accordingly, the bail application is allowed. 6. Let the applicant (Smt. Uduli Devi) be enlarged on bail in the aforesaid crime on her executing a personal bond and two reliable sureties of the equal amount to the satisfaction of the court concerned. 7. It is made clear that any observations made by this Court are only for the purposes of disposal of bail application. It shall not be taken into consideration at all in any other proceedings.